1 Va. Admin. Code § 45-20-96

Current through Register Vol. 41, No. 4, October 8, 2024

Section 1VAC45-20-96 - Conciliation

A. Where the division determines there is reasonable cause to believe that the Act has been violated, the division shall endeavor to eliminate such practice by informal methods of conference, mediation, conciliation, and negotiation. In such instances, the division shall attempt to achieve a just resolution of all alleged violations found and to obtain agreement that the respondent will eliminate the unlawful discriminatory practice and provide appropriate affirmative relief.

B. When such conciliation efforts are successful, the terms of the agreement shall be reduced to writing and promptly signed by the complainant, respondent, and the director or the director's designee. A copy of the conciliation agreement shall be sent to the aggrieved person and the respondent. Where a charge was filed on behalf of an aggrieved person, the conciliation agreement may be signed by the person who filed the charge or by the aggrieved person.

C. Proof of compliance with the terms of the agreement shall be obtained by the division before the case is closed. In an instance in which an aggrieved person or a member of the class claimed to be aggrieved by the unlawful discriminatory practice is not a party to such agreement, the agreement shall not extinguish or in any way prejudice the rights of such person to proceed with a civil action under the Act.

D. Where such conciliation efforts are not successful or the division determines that further conciliation efforts would be futile or unproductive, the division will so notify the parties in writing, cease conciliation efforts, dismiss the matter, and issue the charging party a notice of right to sue in accordance with 1VAC45-20-98.

1 Va. Admin. Code § 45-20-96

Adopted, Virginia Register Volume 37, Issue 03, eff. 10/28/2020.

Statutory Authority: 2.2-520 of the Code of Virginia.